FMLA vs PFL: Difference and Comparison

Eligible employees can register themselves for almost 6 weeks to 12 weeks of paid and unpaid leaves under both FMLA and PFL. FMLA is strictly federal, and it doesn’t apply to state laws, whereas PFL is not strictly federal, and it applies to state laws. Both FMLA and PFL are extremely indistinguishable, yet they are different from each other in many aspects.

Key Takeaways

1. FMLA guarantees unpaid leave for eligible employees, allowing them to take up to 12 weeks off within 12 months for specific family and medical reasons; PFL provides paid leave for employees to bond with a new child or care for a seriously ill family member, offering up to eight weeks of benefits in most states.
2. FMLA applies to public and private employers with 50 or more employees. In contrast, PFL laws vary by state, with some requiring employers of all sizes to participate and others exempting smaller businesses.
3. Employees can use FMLA and PFL concurrently, but the combined leave duration cannot exceed the maximum leave allowed under FMLA, ensuring job protection and continuation of health insurance for the employee during their absence.

FMLA vs PFL

The difference between FMLA and PFL is that the FMLA is strictly federal. Moreover, it doesn’t apply to state laws, whereas PFL. On the other hand, it is not strictly federal and applies to state laws. As a result, it also includes both FMLA and ADA (Americans with Disabilities Act) Rights.

FMLA leave can be registered within 12 weeks of the start of their employment. Moreover, FMLA is strictly federal. As a result, it doesn’t apply to state laws. The FMLA is well-accepted in that it refers to a benefit designed specifically for certain employees to take unpaid leave.

Paid family leave (PFL) refers to a benefit designed specifically for parents. Therefore, an employee may qualify under the PFL if the employee is disabled or if the spouse or the child is disabled. Two types of disability are Physical Disability and Temporary Total Disability.

Comparison Table

Parameters of Comparison	FMLA	PFL
Definition	The Family and Medical Leave Act refers to a benefit designed specifically for certain employees to take unpaid leave for their serious health conditions.	Paid family leave (PFL) refers to a benefit designed specifically for parents.
Acronym	Family and Medical Leave Act	Paid Family Leave
Authority	FMLA is mainly strictly federal.	It mostly applies to state laws
Eligibility	The employee must have done work for the employer at least 8 months before applying for leave.	The employee must have done work for the employer at least 6 months before applying for leave.
Period	An employee can avail of up to 12 weeks of job-protected unpaid leave.	An employee can avail of up to 6 weeks of job-protected unpaid leave

What is FMLA?

The Family and Medical Leave Act refers to a benefit designed specifically for certain employees to take unpaid leave for issues like pregnancy, adoption, and having a child with a serious health problem. An employee’s eligibility is determined both by his or her years of service and hours worked for an employer.

FMLA permits eligible employees to take up to 12 weeks of job-protected unpaid leave for specified family or medical reasons. The employee must have done work for the employer for at least 8 months before applying for leave. The 12 weeks may be taken in one block without disrupting the employee’s continuous service with the employer.

FMLA provides that FMLA-covered employers may require those eligible employees who are taking FMLA leave to be reinstated to the same position they held before taking leave. The 12 months of employment requirement in FMLA means that an employer must have employed an employee for at least 12 continuous months up to and including the date FMLA leave would begin after giving reasonable notice.

What is PFL?

Paid family leave refers to a benefit designed specifically for parents in nearly every developed country in the world, which offers new parents at least 14 weeks of paid time off from work. Moreover, there was an executive order by the government that all companies with more than 50 employees offer 14 weeks of paid time off. This included both maternity and paternity leave.

Maternity leave is a government-mandated period during which the employee does not have to work for the employer. In addition to maternity leave, some countries also have parental or paternity leaves that can be taken by fathers and mothers who need a break to look after their newborn children.

Parental leave, or PFL, is not provided for by federal law as it is applied by state law, where many companies provide Paid Family Leave to employees and their partners. An employee may also qualify under the PFL if the employee is disabled or the spouse or the child is disabled. However, there are two types of disability as Physical Disability and Temporary Total Disability, where Temporary Total Disability is defined as a disability lasting for at least twelve weeks.

Main Differences Between FMLA and PFL

1. The Family and Medical Leave Act refers to a benefit designed specifically for certain employees to take unpaid leave for any critical, crucial, and important health condition or any family member, whereas, Paid family leave (PFL) refers to a benefit designed specifically for parents.
2. The well-known FMLA acronym Family and Medical Leave Act, whereas Paid Family Leave is the well-known PFL acronym.
3. FMLA is strictly federal, and it doesn’t apply to state laws, whereas PFL is not strictly federal, and it applies to state laws.
4. To attain the basic eligibility requirements Under FMLA, the employee must have done work for the employer at least 8 months before applying for leave, whereas, to attain the basic eligibility requirements Under PFL, an employee must have done work for the employer at least 6 months before applying for leave.
5. An employee can register for 12 weeks of unpaid leave under FMLA, whereas in PFL, an employee can register for 6 weeks of paid leave.

References

1. https://search.proquest.com/openview/02b9a5c1d65f99ac7c542177c5c85ee1/1?pq-origsite=gscholar&cbl=41798
2. https://www.sciencedirect.com/science/article/pii/S0049089X05000037
3. https://apps.dtic.mil/sti/citations/ADA590349